63 Pa.C.S. § 3101
Scope of chapter
This chapter relates to the powers and duties of the General Counsel, the Bureau of Professional and Occupational Affairs and licensing boards and licensing commissions.
Pennsylvania Consolidated Statutes Title 63 — PROFESSIONS AND OCCUPATIONS (STATE LICENSED)
Pennsylvania · statute · 63 Pa.C.S. · 29 active provisions
63 Pa.C.S. § 3102
Definitions
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Bureau." The Bureau of Professional and Occupational Affairs in the Department of State. "Commissioner." The commissioner of the bureau. "Criminal conviction."…
63 Pa.C.S. § 3103
Investigatory subpoena power
The General Counsel or a designee of the General Counsel shall have the power and duty to issue subpoenas upon application of an attorney responsible for representing the Commonwealth in disciplinary matters before a licensing board or licensing commission for the purpose of investigating alleged violations of the disc…
63 Pa.C.S. § 3104
Reporting of sanctions and criminal proceedings
(a) Duty.--A licensee, as a condition of licensure, certification, registration or holding a permit, shall provide written notice of the following to the appropriate licensing board or licensing commission within 30 days: (1) A disciplinary action taken against the licensee by a licensing agency of another jurisdiction…
63 Pa.C.S. § 3105
Hearing examiners
(a) Appointment.-- (1) Notwithstanding any other provision of law, the commissioner, after consultation with the licensing boards and licensing commissions, shall appoint hearing examiners as may be necessary to conduct hearings in disciplinary matters before a licensing board or licensing commission. (2) Each licensin…
63 Pa.C.S. § 3106
Suspension
(a) Temporary suspension.--A licensing board or licensing commission may temporarily suspend a license, certificate, registration or permit under circumstances as determined by the licensing board or licensing commission to be an immediate and clear danger to public health and safety. The following apply: (1) The licen…
63 Pa.C.S. § 3107
Additional powers for commissioner
(a) Membership on boards and commissions.--In addition to the powers and duties imposed under law, the commissioner or a designee of the commissioner shall be a member of each of the licensing boards and licensing commissions except the State Board of Certified Real Estate Appraisers and the Navigation Commission for t…
63 Pa.C.S. § 3107.1
Virtual operation
(a) Virtual meetings.--In addition to the requirements of a practice act to hold public meetings to conduct business, each licensing board and licensing commission shall use a virtual platform to conduct business when a public meeting is held. (b) Quorum.--Notwithstanding the provisions of a practice act, for the purpo…
63 Pa.C.S. § 3108
Civil penalties
(a) Authorization.-- (1) The commissioner, after consultation with the licensing boards and licensing commissions, shall have the power to adopt a schedule of civil penalties for operating without a current, registered, unsuspended and unrevoked license, registration, certificate or permit and for violating a provision…
63 Pa.C.S. § 3109
Confidentiality of records of licensure boards
(a) General rule.-- (1) All records under section 708(b)(17) of the Right-to-Know Law relating to a noncriminal investigation, including prosecutorial memos and transcripts of depositions, undertaken by the Bureau of Enforcement and Investigation and the Prosecution Division of the Department of State, Office of Chief…
63 Pa.C.S. § 3110
Reports
Licensing boards and licensing commissions shall submit annually to the Consumer Protection and Professional Licensure Committee of the Senate and to the Professional Licensure Committee of the House of Representatives a report containing the following: (1) Description of the types of complaints received. (2) Status of…
63 Pa.C.S. § 3111
Licensure by endorsement
(a) General rule.--Notwithstanding any existing provisions related to licensure by endorsement or licensure by reciprocity in an applicable licensing statute, a licensing board or licensing commission shall issue a license, certificate, registration or permit to an applicant to allow practice in this Commonwealth if, u…
63 Pa.C.S. § 3112
Restricted licenses for barbers and cosmetologists
(a) Supplementary provisions.--Notwithstanding any provision of law to the contrary, as an alternative to refusing to issue or renew, suspending, revoking or limiting a license as a result of a finding that an applicant for a barber's license or a cosmetology license lacks the fitness to engage in the practice of barbe…
63 Pa.C.S. § 3112.1
Restricted licenses for other occupations
(a) Occupations other than barbering and cosmetology.--Notwithstanding any provision of law to the contrary, if a county correctional facility or the Department of Corrections offers training in the occupation, other than barbering and cosmetology, which requires the issuance of a license, certificate, registration or…
63 Pa.C.S. § 3113
Consideration of criminal convictions
(a) Applicability.--This section shall apply to licensing boards and licensing commissions notwithstanding the following: (1) Any other statutory provision to the contrary regarding the consideration of good moral character, crimes of moral turpitude or ethical or honest practice with respect to disqualification of lic…
63 Pa.C.S. § 3114
Juvenile adjudications
Notwithstanding any provision of law to the contrary, when determining whether an applicant is qualified to be issued a license, registration, certificate or permit, a licensing board or licensing commission may not consider the applicant's juvenile adjudications.
63 Pa.C.S. § 3115
Preliminary determinations by licensing boards and licensing commissions
An applicant with a criminal history who, based on a review of the best practices guide published under section 3116 (relating to best practices guide), is unable to determine whether the applicant's criminal record would preclude the issuance of a license, certificate, registration or permit may file a petition for pr…
63 Pa.C.S. § 3116
Best practices guide
(a) Development of guide.--Within 180 days of the effective date of this subsection, the Department of State shall, in collaboration with the licensing boards and licensing commissions, develop a guide of best practices for an applicant with a criminal conviction to use when seeking a license, certificate, registration…
63 Pa.C.S. § 3117
List of criminal offenses
(a) Duty of commissioner.--After consultation with the licensing boards, licensing commissions and representatives of the business community with knowledge of the respective professions, the commissioner shall have the power and duty to publish a schedule of criminal convictions that may constitute grounds to refuse to…
63 Pa.C.S. § 3118
Report to General Assembly
(a) Report required.--Within two years after the effective date of this section and every four years thereafter, the Secretary of the Commonwealth shall issue a written report regarding the implementation and effectiveness of the following: (i) Section 3112 (relating to restricted licenses for barbers and cosmetologist…
63 Pa.C.S. § 3119
Criminal history background checks
(a) Requirements.--An individual applying for a license, certificate, registration or permit as a health care practitioner, in addition to other requirements specified in law, shall submit a full set of fingerprints to the Pennsylvania State Police. The Pennsylvania State Police shall check the fingerprints against rec…
63 Pa.C.S. § 3120
Temporary rulemaking authority
(a) Promulgation.--A licensing board or licensing commission under the bureau that is subject to an interstate licensure compact act may promulgate one-time temporary regulations necessary for the implementation of each licensure compact enacted by the General Assembly. The temporary regulations shall not be subject to…
63 Pa.C.S. § 3301
Definitions
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Bureau." The Bureau of Professional and Occupational Affairs in the Department of State. "License." A registration, permit, certificate or license issued by a…
63 Pa.C.S. § 3302
Bureau requirements
The bureau shall: (1) Include a question on an application for licensure, renewal and reactivation asking whether the individual submitting the application is a servicemember, veteran or military spouse. (2) Expedite an application for a military applicant who submits documentation demonstrating status as a servicememb…
63 Pa.C.S. § 3303
Licensing for military applicants
(a) Issuance.--A licensing board may issue a license to a military applicant who does not meet the educational requirements for a license if the military applicant: (1) Submits an application and fee as prescribed by the board by regulation. (2) Passes all exams required for licensure. (3) Has engaged in active practic…
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